Lawyer fights contempt order, avoids jail

San Diego  A defense lawyer who refused to answer certain questions in court last week about a former client has been allowed to remain out of county jail while she challenges a judge’s contempt-of-court ruling.

Terry Zimmerman, a deputy public defender, previously represented Denise Goodwin, a caregiver accused of killing an elderly Rancho Bernardo man. At the time she had the case, Zimmerman lodged a packet of financial documents with a judge, who turned it over to the prosecution.

The District Attorney’s Office now wants Zimmerman to testify in court about how she obtained the documents, which include a will and several letters that purportedly belonged to the alleged victim in the case, Gerald Rabourn.

Rabourn was 89 when he was last seen in October 2010. His body has not been found.

Zimmerman was questioned last week in San Diego Superior Court in front of Judge Charles Rogers. According to the judge’s written ruling, Zimmerman respectfully declined to answer a series of 11 questions related to the case, citing attorney-client privilege and work-product privilege.

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The judge overruled those claims and noted in his ruling that he had warned Zimmerman of the consequences of refusing to answer the questions. Those consequences included a finding of contempt of court, for which she could be jailed until she complies or the case resolves.

On Monday, the Public Defender’s Office filed a document — called a petition for a writ — with the 4th District Court of Appeal challenging the judge’s ruling.

Meanwhile, Goodwin’s murder trial is scheduled to begin next week. Jury selection could begin next Tuesday, said Deputy District Attorney Bill Mitchell.

The trial could be delayed if the appeals court decides to take up Zimmerman’s case.